NATIONAL INSURANCE COMPANY LIMITED Vs. SHANKAR BABURAO GAVADE

JUDGEMENT

(1.) THESE appeals arise out of a common judgment and are heard and disposed of to-gether.

(2.) THE appellant is common, namely, the insurer who is fastened with the liability to pay the compensation.

(3.) THE facts briefly stated are - two coolies, who were being carried in a goods vehicle belonging to the insured, died as a result of the vehicle going out of control due to rash and negligent driving of another offending vehicle. It is the appellant's contention that the deceased and several other workers were engaged by a forest contractor to collect a particular forest produce. This was the statement made by the driver in the first information report to the police, wherein he had stated that the insured, owner of the lorry had instructed him to carry about 20 workmen said to have been engaged by a forest contractor, for the purpose of collection of forest produce. This statement was produced and marked by the claimants without dispute as to tis contents. The claimants themselves have asserted this fact, in their evidence before the Tribunal. However, in the face of the above the tribunal having fastened the liability on the appellant, the present appeals.